Ho Chi Minh City issues regulations on Airbnb-style rentals

Under Decision No.19/2026/QD-UBND issued on April 11 and effective from April 25, Ho Chi Minh City People's Committee will allow rentals, such as on Airbnb, in accordance with the type of apartment and its intended use as approved by relevant authorities, as stipulated under Circular No.05/2024/TT-BXD of the Ministry of Construction.

For short-term tourist units in apartment buildings, the new regulations stipulate that apartment owners must register their tourist accommodation business and ensure compliance with tourism laws.

“Tenants and landlords can register temporary residence and notify the authorities of their stay through digital platforms such as the National Public Service Portal, the Ministry of Public Security's Public Service Portal, and the VNeID mobile application,” the decision released.

It also provides more detailed regulations on the exploitation of common areas such as lobbies, car parks, and commercial areas.

Revenue from these activities must be deposited into an account to support the maintenance of the building, while ensuring transparency and accountability. This is considered an improvement compared to previous regulations, which often caused controversy regarding the distribution of benefits from common amenities.

Regarding responsibilities in the operation of apartment buildings, Decision 19 clearly states that apartment owners and operators must fully comply with tax obligations, ensure public order, and are also responsible for requiring tenants to comply with the apartment building's regulations.

The management board and residents are responsible for facilitating the business operation of organisations and individuals providing services and commerce in accordance with the building’s designs and must not cause any unlawful obstruction. The management board has the right and responsibility to report violations of residency, public order, or fire safety regulations to the relevant authorities.

Furthermore, Decision 19 also states that Ho Chi Minh City Public Security will increase inspections of residency registration, while the Department of Construction will annually evaluate the performance of commune-level People's Committees in managing their projects.

Public Security forces will also investigate and hold accountable those responsible for misappropriating maintenance funds.

According to Le Hoang Chau, chairman of the Ho Chi Minh City Real Estate Association (HoREA), Decision 19 allows short-term apartment rentals for tourism and accommodation purposes, but landlords and apartment owners must register their businesses, fulfil tax obligations, sign contracts with tenants, register temporary residence, and comply with the rules and regulations on the management and operation of apartment buildings. This is a point that HoREA has repeatedly proposed.

“To facilitate implementation, we propose that the Ho Chi Minh City Department of Construction consider submitting to the Ho Chi Minh City People's Committee a proposal to supplement regulations on electric vehicle parking areas (cars and motorbikes) and the placement of electric charging stations in Article 5 (parking spaces in apartment buildings) and Article 18 (responsibilities of the investor) to ensure fire safety and meet the actual needs of the people,” said Chau.

The 2014 Housing Law and its guiding decrees have introduced strict regulations prohibiting the use of apartment units for purposes other than residential use, claiming that the leasing could make impacted to the permanent residents of that buildings.

In Ho Chi Minh City, over the past two years, management agencies and local authorities have often cited this regulation to tighten control over short-term rentals using the Airbnb model, causing numerous conflicts between landlords, management boards, and residents, especially regarding security and noise issues.

Meanwhile, market demand for this type of apartment continues to surge, posing a dilemma for regulators: tightening regulations is ineffective, but loosening them creates management problems due to the lack of a legal framework.

Decision 19 is expected to help partially resolve this issue and bring this renting activity under clearer regulatory control.

Proactively taking advantages of sharing economy The sharing economy makes the market more competitive, services more diversified, and opens up opportunities for investment, employment, and customers will benefit.

Airbnb-style practices targeted with tax proposals Proposals currently being pored over to recognise short-term leasing of apartments as a legal business will put pressure on popular homestay groups such as Airbnb.